ED Summons: What happens if Arvind Kejriwal is arrested? | India News

NEW DELHI: Arvind Kejriwal, the chief minister of Delhi, is scheduled to answer questions in the excise policy matter before the Enforcement Directorate (ED) on Thursday, November 2. The AAP has expressed apprehensions that Kejriwal will be arrested by the central agency.

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Two AAP leaders, Deputy CM Manish Sisodia and Rajya Sabha MP Sanjay Singh have already been arrested in connection with an alleged excise policy scam.
But what will happen if Arvind Kejriwal is arrested by the ED?
AAP leaders maintain that if Kejriwal is arrested, the Delhi government will be “run from jail.”

AAP leader Saurabh Bharadwaj told ANI about the Kejriwal-led party’s plan in the event that the Delhi chief minister is taken into custody. “It would be decided by the senior leaders of the party. But if the whole party is in jail, then the government and the party would run from jail. And this is what the BJP (Bharatiya Janata Party) wants everyone should be in jail… They want free education, free electricity, free water, free pilgrimage, hospitals, and mohalla clinics to stop but Arvind Kejriwal will not let this happen…”, said Saurabh Bharadwaj.

Does chief minister have immunity from arrest?
According to the Constitution of India, the President of India and the governors of state are shielded from both civil and criminal prosecutions. However, CMs are not covered under this immunity during their tenure in office.

No chief minister who is currently in office has ever been arrested before. Former Bihar CM Lalu Prasad Yadav resigned as chief minister following the issuance of an arrest warrant in connection with the fodder scandal. Before Lalu surrendered himself, his wife Rabri Devi was sworn in as the chief minister of Bihar and elected as the leader of the Rashtriya Janata Dal’s legislative party in his presence.
Now the question arises whether a CM can operate from Jail?
A chief minister’s removal from office will only occur in the event of a conviction. For instance, Jayalalithaa served in government for three years before being found guilty in the disproportionate assets case.
Even though there would be many practical challenges, the chief minister is not legally prohibited from holding office while under investigation. It is also important to remember that at this point, there is only conjecture about Kejriwal’s arrest or detention. AAP leaders maintain that the Delhi government would be run from jail if Arvind Kejriwal is arrested.

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By jaghit

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